AFOSI Overview and Mission

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Questions and Answers

Who was tasked with establishing unbiased investigations of the Air Force?

  • Joseph Carrol
  • Hoyt Vandenberg
  • Stuart Symington (correct)
  • Carl Spaatz

What is the operational date of AFOSI?

  • August 1, 1948 (correct)
  • January 2, 1948
  • August 2, 1948
  • January 1, 1948

Which of the following is NOT a primary mission of AFOSI?

  • Providing personal protection to senior AF and SF leaders
  • Supervising antiterrorism programs in high threat areas
  • Threat detection
  • Providing logistical support to deployed Air Force units (correct)

What type of crimes does AFOSI primarily investigate?

<p>Felony level crimes (C)</p> Signup and view all the answers

What is the primary duty of AFOSI's computer crime investigators?

<p>Responding to network intrusions (B)</p> Signup and view all the answers

What is the designated executive agency for the Department of Defense Cyber Crime Center (DC3)?

<p>Office of Special Investigations (OSI) (A)</p> Signup and view all the answers

Which of the following is NOT a specialized investigative, training, or support unit within OSI?

<p>Counterintelligence Division (C)</p> Signup and view all the answers

What is the primary duty of an OSI agent during an investigation?

<p>To gather and analyze evidence. (B)</p> Signup and view all the answers

Which of the following is considered unprofessional conduct by an OSI agent?

<p>Participating in an elective office on a military installation. (A)</p> Signup and view all the answers

What is the legal basis for OSI's jurisdiction over offenses committed by U.S. personnel in foreign countries?

<p>Status of Forces Agreement (SOFA) (C)</p> Signup and view all the answers

Which of the following is NOT one of the OSI's Lines of Effort?

<p>Promote information security protocols (C)</p> Signup and view all the answers

Which of the following individuals are NOT subject to OSI's investigative jurisdiction?

<p>Foreign nationals visiting a U.S. military base (D)</p> Signup and view all the answers

What is the timeframe for OSI personnel to complete ethics training after arriving at their duty station?

<p>45 days (A)</p> Signup and view all the answers

What is the purpose of the FPD program within OSI?

<p>To coordinate with host nations to mitigate terrorist threats (A)</p> Signup and view all the answers

What is the primary function of the AST team within OSI?

<p>To respond to terrorist threats and attacks globally (B)</p> Signup and view all the answers

Which of the following is NOT a source document that establishes OSI's investigative jurisdiction?

<p>National Security Act of 1947 (D)</p> Signup and view all the answers

What is the specific legal authority that governs the punishment of unprofessional conduct by Air Force personnel in the United States?

<p>Article 92 of the UCMJ (A)</p> Signup and view all the answers

What does the term 'fraternization' refer to in the context of OSI ethical guidelines?

<p>An unprofessional relationship between an officer and an enlisted member (A)</p> Signup and view all the answers

Which of the following jurisdictions defines an area where both federal and state authorities have the power to enforce laws?

<p>Concurrent Jurisdiction (C)</p> Signup and view all the answers

Under what circumstances can an OSI agent legally seek information from another agency or law enforcement group?

<p>When the information is relevant to the case being investigated (A)</p> Signup and view all the answers

What term refers to areas outside the United States where OSI's rules apply, except for foreign suspects and victims?

<p>On-Base (A)</p> Signup and view all the answers

What is the maximum sentence for offenses adjudicated at a Summary Court Martial?

<p>One month (D)</p> Signup and view all the answers

How many members are required to convict at a Special Court Martial?

<p>4 members with a 3/4ths majority (A)</p> Signup and view all the answers

Which of the following is NOT an option for punishment at a Special Court Martial?

<p>Bad conduct discharge (BCD) (B)</p> Signup and view all the answers

What type of offenses fall under Article 134 of the UCMJ?

<p>General military conduct offenses (B)</p> Signup and view all the answers

Which investigative file type is utilized for basic criminal investigations and full investigations?

<p>Substantive file (D)</p> Signup and view all the answers

Under what circumstance is deadly force NOT authorized?

<p>To prevent the escape of a fleeing suspect (A), To disable a moving vehicle (B)</p> Signup and view all the answers

Which of the following does Article 31 of the UCMJ require before questioning a suspect?

<p>Notification of the nature of the accusation (D)</p> Signup and view all the answers

What is a scenario where Article 31 rights do not need to be read?

<p>When spontaneous utterances occur (A), For safety questions relating to weapons (B)</p> Signup and view all the answers

What is the primary purpose of a Garrity warning?

<p>To protect agency interests and compel testimony (A)</p> Signup and view all the answers

What differentiates a recruited source from a non-recruited source?

<p>Recruited sources have a protected identity (D)</p> Signup and view all the answers

Which characteristic is NOT typically evaluated in a source?

<p>Willingness to cooperate (A)</p> Signup and view all the answers

What is a key difference between transactional immunity and testimonial immunity?

<p>Transactional immunity prevents any prosecution at all. (D)</p> Signup and view all the answers

Who can grant immunity under Article 31 rights?

<p>Convening authority (A)</p> Signup and view all the answers

What must a subject do to invoke their Article 31 rights?

<p>Express their unwillingness to answer questions (D)</p> Signup and view all the answers

In what situation can a military commander resolve allegations of criminal misconduct?

<p>At their discretion, except covered offenses by OSTC (B)</p> Signup and view all the answers

How long does a subject have to seek a lawyer after invoking counsel under Article 31?

<p>14 days (A)</p> Signup and view all the answers

What is the role of the accuser in the military justice system?

<p>To initiate charges based on personal knowledge (C)</p> Signup and view all the answers

What is a characteristic of a 'walk-in' source?

<p>Provides unsolicited information during normal operations (A)</p> Signup and view all the answers

Which of the following is NOT a procedural stage of courts-martial?

<p>Administrative review (C)</p> Signup and view all the answers

What actions does the Military Extraterritorial Jurisdiction Act (MEJA) allow regarding civilians accompanying U.S. forces overseas?

<p>Civilians can be prosecuted for felonies committed while accompanying U.S. forces. (A)</p> Signup and view all the answers

Which statement accurately reflects the conditions under which UCMJ applies to military personnel?

<p>UCMJ applies to military personnel serving in the field during contingency operations. (B)</p> Signup and view all the answers

What is the primary role of Special Victims Counsel (SVC) in military justice proceedings?

<p>To act as legal representatives for sexual assault victims. (D)</p> Signup and view all the answers

What is required for an OSI agent to arrest someone in a private dwelling?

<p>A warrant is necessary. (D)</p> Signup and view all the answers

What documentation must be provided to victims as part of the Victims Witness Assistance Program (VWAP)?

<p>DD Form 2701. (A)</p> Signup and view all the answers

Which of the following is NOT a condition under which the Posse Comitatus Act limits the military's jurisdiction?

<p>The military can intervene in civilian affairs during declared emergencies. (C)</p> Signup and view all the answers

In what circumstance can a military OSI agent detain a civilian without a warrant?

<p>If there is probable cause for a misdemeanor or felony committed in the agent's presence. (C)</p> Signup and view all the answers

What does the authority to execute a federal search warrant require?

<p>Probable cause and a nexus to military interests. (D)</p> Signup and view all the answers

Under AFOSIMAN 71-113, when are agents expected to carry their duty weapon?

<p>During duty hours and when responding to specific situations. (C)</p> Signup and view all the answers

What must happen before an OSI agent can arrest a civilian?

<p>The agent must have probable cause and jurisdiction. (B)</p> Signup and view all the answers

Which type of warrant is NOT needed for an OSI agent to operate in public?

<p>No warrant needed if there is probable cause. (D)</p> Signup and view all the answers

What is the role of Unit Leaders regarding the arming of agents?

<p>To serve as the arming authority and ensure safety and training compliance. (C)</p> Signup and view all the answers

What is necessary for issuing a formal oath during an interview?

<p>The interviewee must sign a statement affirming the truth of their testimony. (B)</p> Signup and view all the answers

Which group is NOT applicable under the Military Extraterritorial Jurisdiction Act (MEJA)?

<p>Tourists visiting military installations. (B), Host nation nationals. (C)</p> Signup and view all the answers

Flashcards

Origin of AFOSI

AFOSI was established on 2 Jan 1948 by Chief of Staff Carl Spaatz.

First Director of AFOSI

SA Joseph Carrol, appointed by SecAF Stuart Symington, was the first head in Jan 1948.

Operational Date of AFOSI

1 Aug 1948 is marked as AFOSI's operational date.

AFOSI Mission

The mission includes threat detection, personal protection, and supervising antiterrorism programs.

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Criminal Investigations by AFOSI

Majority of investigations tackle felony crimes and economic crimes such as fraud.

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DC3

Department of Defense Cyber Crime Center established in 1998 for media forensics and cyber analytics.

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Force Protection Det Program (FPD)

Program to identify and mitigate terrorist threats working with host nations.

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Antiterrorism Specialty Team (AST)

Team trained to respond globally to terrorist threats and attacks.

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AFOSI's Organizational Structure

Consists of regions, field investigation squadrons, and multiple specialized units.

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Lines of Effort

Strategic approaches including force development, modernization, and partnership engagement.

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EPO 1 - Ethics Responsibilities

Individual responsibilities include reporting violations to OSI HQ.

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Professional Conduct

Agents collect facts for investigations and maintain impartiality, avoiding conflicts of interest.

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Personal Conduct

Agents must use credentials officially and avoid conflicts with law enforcement responsibilities.

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Investigative Jurisdiction

OSI's authority to investigate individuals based on military law and directives.

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OSI Investigates Where?

Anywhere in the world, including jurisdictions depending on location (on-base/off-base).

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Exclusive Jurisdiction

Federal authority solely exercised in certain investigations.

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Concurrent Jurisdiction

Shared authority between federal and state courts for investigations.

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Proprietary Jurisdiction

Federal control over land while state enforces laws within that area.

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Offenses Investigation Scope

OSI investigates crimes involving US laws, citizens, and personnel activities.

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EPO 2 - Investigative Authority

Establishes OSI’s authority over individuals and offenses investigated.

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Summary Court Martial

A court with one officer presiding, which can give a max of one month sentence.

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Special Court Martial

A court with four members where 3/4ths must agree to convict, max one year sentence; no BCD option.

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General Court Martial

A serious court with 8 members, requiring 3/4ths vote; max for enlisted is BCD, for officers is dismissal.

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Article 134 UCMJ

Covers various offenses that are not specifically outlined in UCMJ, can involve state and federal law.

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Investigative File Types

Different types of files used in criminal investigations, such as analysis, target management, and info files.

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UCMJ Offenses

Crimes covered by the Uniform Code of Military Justice.

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Military Extraterritorial Jurisdiction Act (MEJA)

Allows prosecution for felonies committed by civilians with US forces overseas.

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Article 2 UCMJ

Extends UCMJ applicability to armed forces operating in contingency situations.

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Authority to Apprehend

Powermilitary agents have to arrest individuals violating laws.

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Search Warrant Authority

Allows OSI agents to execute federal search warrants.

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Posse Comitatus Act

Limits military enforcement of civilian laws.

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Victim's Witness Assistance Program (VWAP)

Program to support victims of crimes in the military.

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Special Victims Counsel

Legal representatives for victims of sexual assault in the military.

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AF IMT 1168

Form for obtaining written statements from interviewees.

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Use of Force Policies

Regulations governing use of force by OSI agents.

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Duty Loadout Requirements

Standard equipment agents must carry during duty hours.

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Unit Leaders' Authority

Responsible for the safety and training of armed personnel.

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Oath Administration

Process of getting a statement's truth affirmed.

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Civilian Arrest Authority

Civilian OSI agents can arrest under certain conditions.

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Inspection of Military Housing

Different rules apply for search in military dwellings and barracks.

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Deadly Force Authorization

Deadly force is authorized only under specific, reasonable circumstances as per AFI 31-117.

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Article 31 Rights

Rights informing military personnel of their legal protections, triggering under specific conditions.

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Miranda vs. Article 31

Miranda applies generally; Article 31 protects active duty service members from coercion.

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Invocation of Article 31

Claiming Article 31 rights requires proper reading of rights; can only be invoked if rights are understood.

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Types of Immunity

Transactional immunity prevents prosecution; testimonial immunity protects statements from use in court.

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Recruited vs Non-recruited Sources

Recruited sources have protected identities and formal relationships; non-recruited have no protection.

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Source Evaluation Characteristics

Access, motivation, and control are key to evaluating sources for reliability.

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UCMJ Overview

The Uniform Code of Military Justice governs military law, ensuring statutory and procedural adherence.

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Military Justice System Participants

Includes accuser, convening authority and must avoid unlawful command influence.

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Reporting Criminal Offenses

Any individual can report crime; commanders have discretion on resolving allegations.

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Coercion in Confession

Coercion renders confessions inadmissible; statements must be voluntary.

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Cleansing Statement

A statement read to ensure rights are understood before re-engagement post-invocation.

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Walk-in Sources

Individuals who voluntarily approach law enforcement to provide information.

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Documentation of Sources

Capture identity details, meeting schedules, and recruitment reports for all sources.

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Legal Services Delivery

Delivered by JAG offices, providing legal counsel to military personnel.

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Study Notes

AFOSI Introduction

  • AFOSI (Air Force Office of Special Investigations) was officially established by Chief of Staff Carl Spaatz on January 2, 1948.
  • Stuart Symington, the first Secretary of the Air Force, appointed Joseph Carrol (FBI official) as the head of investigations.
  • In August 1948, Hoyt Vandenberg, the new Chief of Staff, authorized AFOSI to conduct counterintelligence activities.
  • August 1, 1948, is the operational date of AFOSI.

AFOSI Mission and Command Priorities

  • Threat Detection: Detecting and countering hostile intelligence services, both offensively and defensively.
  • Personal Protection: Providing personal protection to senior Air Force and Space Force leaders.
  • Antiterrorism: Supervising antiterrorism programs in high-threat areas.
  • Criminal Investigations: Investigating felony-level crimes, economic crimes (fraud, public trust violations related to contracting, pay, environment, and property), and information operations.
  • Cyber Threats: Recognizing and responding to emerging cyber threats.
  • Technology Protection: Protecting Air Force technology, information, personnel, and facilities.
  • Specialized Services: Employing technical specialists, polygraphers, behavioral scientists, computer experts, and forensic advisors.
  • Department of Defense Cyber Crime Center (DC3): This center, established in 1998, provides media forensics, cyber analytics, research, and development support for law enforcement, counterintelligence, and information assurance. AFOSI is the executive agency for DC3.
  • Force Protection Detail Program (FPD): Works with host nations to mitigate terrorist threats, fully integrated within the Department of Defense (DoD) embassies.
  • Antiterrorism Specialty Team (AST): A specialized team responding to terrorist threats and attacks globally.

AFOSI Organizational Structure

  • Reformed in 1991-92 to realign with Air Force major commands needs under General Dillon.
  • Consists of 7 regions (Regions 1-6 and 8) and 1 center (Region 7).
  • Subordinate units include field investigations squadrons, detachments, and operating locations.
  • Specialized investigative, training, and support units (Office of Special Projects, Office of Procurement Fraud, Force Support Squadron, USAF Special Investigations Academy, and the Investigations, Collections, Operations Nexus Center (ICON)).

AFOSI Lines of Effort

  • Exceptional Force: Develop and sustain an exceptional Air Force investigation force emphasizing risk-taking, diverse force, and inclusive command.
  • Mission Focus & Readiness: Focus finite resources on what AFOSI can provide, fully equip capabilities.
  • Modernization & Innovation: Improving information sharing, procurement capabilities, and cyber abilities (e.g., ORION, cloud transition).
  • Partner Engagement: Deepening partner relationships and using force multipliers to improve global strategic engagements.

AFOSI Ethics

  • Individual Responsibilities: Supervisors must report ethics violations to AFOSI HQ. All agents are required ethics training within 45 days of assignment.
  • Professional Conduct: Collecting facts impartially, maintaining impartiality, protecting the reputation of subjects, witnesses, and victims, and avoiding unnecessary contact.
  • Personal Conduct: Using badges and credentials for official use only, coordinating with Public Affairs (PA) before speaking to media, and avoiding any conflicts between off-duty employment and investigative responsibilities.
  • Specific Prohibitions: No entrapment, no involvement with sexual misconduct or fraternization, avoiding gossip/rumors about cases or witnesses. No controversial clothing, symbols. Avoidance of personal stake in investigation, avoiding any personal or professional relationships that conflict with investigation.

Investigative Responsibilities & Jurisdiction

  • Jurisdiction Sources: Constitution, Uniform Code of Military Justice (UCMJ, Congress), Manual for Courts-Martial (President), AF mission directive 39, and AF Instructions 71 series.
  • Jurisdictional Scope: Investigate individuals subject to the UCMJ (active duty, National Guard, cadets, midshipmen, retirees, prisoners of war), anywhere globally. Exclusive, concurrent, and proprietary jurisdiction considerations are outlined.
  • Off Base Investigation: Host nation rules apply, with considerations for the Status of Forces Agreement (SOFA).
  • Offenses: Federal and State laws applicable to military personnel acting within their primary military duties. Types of crimes covered mentioned include theft, bribery, and adult sexual assault.
  • Special considerations: military members' role (vs. non-military) and location (within or outside the US, bases vs. off-base locations).
  • Military Extraterritorial Jurisdiction Act (MEJA): Allows prosecution of civilians associated with US forces overseas for felony offenses.
  • Posse Comitatus Act: Limits the use of military personnel in civilian law enforcement, requiring a primary military purpose/nexus.
  • Arrest Authority: OSI agents have arrest authority based on probable cause for military subjects, and civilian subjects based on jurisdiction. Military agents can detain but need a military purpose for the arrest. Civil arrest may be made by civilian agents

Interview Documentation

  • Victim Witness Assistance Program (VWAP) & Victim Counsel: Provides support and legal representation to victims, enabling assistance in cases of alleged misconduct. OSI agents provide DD Form 2701 and log the result of any decision on participation in the program with reason for refusal.
  • Written Statements AF IMT 1168: Obtaining written statements from suspects, witnesses, or complainants (preferably using AF IMT 1168 form), as well as ensuring oaths are given, and statements are fully initialed and signed.

Arming & Use of Force

  • Constitutional Standard: Officer actions must be objectively reasonable.
  • AFOSI Arming Policy: Qualified personnel are expected to be armed, with standard issue weapons, magazines, and badge combinations for duty.
  • Deadly Force Authorization: Force must be reasonable and justified, and cannot be used solely to prevent escape; warning shots are not permitted when feasible.
  • Restrictions: No chokeholds, follow rules of engagement and policies of the AF over any outside agencies.

Article 31 Rights

  • Article 31 vs. Miranda Rights: Article 31 applies to military personnel subject to the UCMJ, while Miranda rights apply to all individuals in the US. Articulating the offenses and the rights of the accused is required to elicit a statement.
  • When required: Reading Article 31 rights is required when a person subject to the UCMJ is suspected of an offense and is being questioned about that offense. Triggered by questioning from LEO or Commander.
  • Exceptions: Spontaneous statements, safety questions are exempt.
  • Waivers: Written affirmation of understanding rights, counsel declination, agreement to making a statement.
  • Immunity: Transactional and testimonial immunity types are authorized.
  • Coercion/Involuntary Confessions: Statements gained through coercion are inadmissible.

Recruited & Non-Recruited Sources

  • Recruited Sources: Protected individuals with established relationships, formal or informal.
  • Non-Recruited Sources: Individuals providing information without formal protection or relationship.
  • Sourcing Benefits: Investigating tool, provides access to information not otherwise attained, improving investigations.
  • Source Evaluation: Focus on access, motivation, and control, analyzing target selection, and identifying targets appropriately.
  • Documentation: Detailed documentation is critical.

UCMJ & Military Justice

  • UCMJ & Military Law: The Constitution provides the authority, UCMJ provides the statutes, and the Manual for Courts-Martial defines procedures.
  • Military Justice System Participants: Accusers, convening authorities, participants and the potential dangers of unlawful command influence.
  • Legal Services: Judicial Advocate Generals (JAGS) provide legal services.
  • Reporting & Commander Options: Anyone can report crimes, and a commander may investigate cases.
  • Court-Martial Procedures: Summary, special, and general court-martial processes are differentiated. (including their sentences).
  • Article 134 UCMJ Offenses: Offenses under Article 134 UCMJ and cases of applying State and Federal law in court-martials.

Investigative File Types & Planning

  • Analysis & Production Files: Evaluating unit productivity and supporting fraud programs.
  • Target Management File: Monitoring targets in investigations, in various stages, and in coordination with multiple agencies.
  • Information Files: Listing declinations, sexual offenses outside AFOSI jurisdiction, or attempted suicides also maintained.

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